A conviction for any one of these crimes could jeopardize your future. The damage done to your personal and professional reputation could be devastating. One of the most common crimes that people in business face is embezzlement, which this post will discuss.

What makes an individual's actions embezzlement versus, theft or larceny?

The elements of embezzlement vary from theft or larceny in that a fiduciary relationship often exists between you, the party who allegedly absconded with money or property, and the supposed victim. A fiduciary relationship requires the following:

A relationship of trust

Duty to be responsible for property

Reliance of one party on another to do so

If a fiduciary duty is established, prosecutors must prove that you illegally intended to do the following:

Acquire property through the relationship

Take ownership of or transfer said property

For example, if you took deposits as a bank teller, used escrowed client money as an attorney or kept a portion of employment taxes as a payroll clerk, that would be considered embezzlement. If a court (either federal or Texas) convicts you of embezzlement, it could order you to pay fines, pay restitution for the money stolen, or impose jail or prison time. The value of the property stolen (such as the amount of cash) dictates the penalties.

You could face more than just criminal penalties, however. The alleged victim could file a civil claim against you, and the stigma of even an arrest could follow you for the rest of your life. You need to take any potential charges for embezzlement seriously. It would be in your best interest to contact a Texas attorney who routinely handles federal or state white-collar crime matters as quickly as possible.

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